r/eulaw • u/WeirdTheory5675 • 23h ago
How do Europeans courts determine which human rights to give an indirect horizontal effect ?
I'm doing comparative research on horizontal effects of human rights treaties because general comment no. 31 of the human rights commitee said that states have an obligation to protect against acts of non state actors which interfere against human rights "so far as those rights are amenable to application between private individuals or entities"
But the problem is that no test has been developed and it's not imnidiately clear looking at those right of which states are required to enforce against other actors
I checked ECHR and inter American human rights covenant and both have indirect horizontal effects but there's no test that I found to determine which rights have that.
I mean both the ECHR and the European social charter